Richard Ferrand has been nominated by President Emmanuel Macron to lead the Constitutional Council, succeeding Laurent Fabius. This council, established under the 1958 Constitution, ensures laws comply with the Constitution and consists of nine members serving non-renewable nine-year terms. Ferrand’s nomination will be reviewed by Parliamentary Law Committees. Additionally, a report reveals discrepancies in the salaries of council members, raising concerns about their compensation and eligibility for pensions from prior political roles, prompting legislative proposals for clarification.
Richard Ferrand Nominated to Lead the Constitutional Council
On Monday, President Emmanuel Macron put forth his proposal to appoint Richard Ferrand, the former head of the National Assembly and a steadfast ally of the president, as the new president of the Constitutional Council. This appointment is intended to fill the vacancy left by Laurent Fabius, as announced in a statement from the Élysée.
The Role and Structure of the Constitutional Council
Established as a key innovation of the 1958 Constitution, the Constitutional Council’s primary responsibility is to ensure that laws align with the Constitution. This esteemed body consists of nine members, often referred to as ‘Sages’, alongside former heads of state who retain lifelong membership by virtue of their past roles.
The judges serve a non-renewable term of nine years, and they cannot hold any other political position simultaneously. Appointments are made as follows: the president of the Republic selects three members, including the president of the Council, while the president of the National Assembly and the president of the Senate each appoint three members as well. For these appointments to be validated, a majority of three-fifths from the relevant committees in either the Assembly or the Senate must not oppose them.
As part of the ongoing process of renewal, Richard Ferrand’s nomination will require approval following a hearing scheduled for February 19, conducted by the Parliamentary Law Committees.
Compensation and Controversies
According to Article 6 of the ordinance from November 7, 1958, which was amended by the organic law on October 11, 2013, ‘the president and members of the Constitutional Council are entitled to allowances that correspond to the salaries of the two highest categories of state jobs classified outside the scale.’ An extensive 80-page report by Marianne Maximi, a deputy from LFI and special rapporteur for ‘Public Powers’, published on December 17 on the National Assembly’s website, indicates that the Sages receive ‘approximately 15,000 euros gross per month, a figure that does not align with the remuneration guidelines established by the organic legislator.’ This discrepancy suggests a significant gap of nearly 8,500 euros compared to the legal stipulations outlined in the organic ordinance, as highlighted by the deputy.
The question arises: why is there such a disparity? A letter from March 2001 by Florence Parly, who was the Secretary of State for the Budget at that time, indicated that the Council raised the salaries of the Sages to offset the loss of a tax exemption they previously enjoyed on part of their allowances.
Combining Allowances with Pensions
In October 2020, a report linked to the 2021 budget project, presented by Vosges deputy Christophe Naegelen (UDI) and responsible for budgeting for ‘public powers’, disclosed that members of the Council primarily receive their compensation through bonuses (8,391 euros), significantly exceeding the indexed salary of civil servants (6,415 euros), in addition to a residence allowance of 192 euros. The deputy also pointed out the eligibility of Sages to receive pensions from their previous positions as elected officials, such as deputies, MEPs, and senators.
To address these issues, socialist deputy Cécile Untermaier introduced a bill in February 2021 aimed at establishing a legal foundation for these allowances, stressing that ‘no provision allows the government to offer a secret allowance.’ Unfortunately, this proposal is still awaiting action.